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3. Why
is the PA ordering political arrests?
Security considerations or
considerations of state of emergency?
In determining whether or not an emergency situation exists at a national
level, it should be bourn in mind that in such a situation restrictions
may be placed on human freedoms and rights. The declaration of such a
state of emergency must consequently be scrutinized under both national
and international rules. Reasons to declare a state of emergency have
included the following:
(i)
Actual war or preparation for an anticipated military
confrontation.
(ii)
Threatened or actual acts of internal sabotage.
(iii)
Anticipated economic collapse.
Article 4 of the
International Convention on Civil and Political Rights (ICCPR) defines a
state of emergency as a situation in which there exists a threat to the
life of a nation. Population refers to the whole population, not just a
specific group.
In such a situation
Ø
an official
announcement must be made by the executive authority announcing the state
of emergency and including the conditions to be imposed there under:
according to the law, these must not be disproportionate in severity to
the gravity of the situation;
Ø
the legislative
authority must announce and approve the emergency rule before it is
declared by the Executive Authority;
Ø
the legislative
authority must monitor the emergency situation which should not exceed 6
months in duration;
Ø
the legislative
authority retains the right to refuse to sanction the announcement of the
state of emergency or the length of time for which it is supposed to run.
It is understood
that the declaration of a state of emergency is an exceptional act,
limited in time and must not be used as an ordinary state of affairs over
a prolonged period of time for the benefit of governments who seek to use
it as an excuse to curb fundamental freedoms and human rights.
It is clear that there is no reason for emergency
rule to have been imposed in the current Palestinian situation. We are not
about to suffer economic collapse, there is no war and the President of
the PA has made no declaration of a state of emergency. If there were a
reason for imposing emergency rule, it has lasted for a very long time.
The current
Palestinian situation stems from political and security considerations
that aim to protect a regime from its legitimate and illegitimate
opposition that strive for a change.
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